City of Edwardsville v. Illinois Commerce Commission
| Decision Date | 20 March 1952 |
| Docket Number | No. 32232,32232 |
| Citation | 104 N.E.2d 283,412 Ill. 34 |
| Parties | CITY OF EDWARDSVILLE v. ILLINOIS COMMERCE COMMISSION et al. |
| Court | Illinois Supreme Court |
C. Terry Gueltig, Corp. Counsel, and John G. Mudge, City Atty., both of Edwardsville, and Anthony W. Daly, of Alton, for appellant.
Ivan A. Elliott, Atty. Gen. (Milton Mallin and Helen W. Munsert, of Chicago, of counsel), for appellee Illinois Commerce Commission.
J. A. Gorman, of St. Louis, Mo., and Burroughs, Simpson & Burroughs, of Edwardsville, for appellee Illinois Terminal R. Co.
In October, 1949, the city of Edwardsville filed its petition with the Illinois Commerce Commission seeking an order requiring the installation by the Illinois Terminal Railroad Company of automatic flashing signals at the intersection of the company tracks with Franklin Avenue and Madison Avenue in said city. The railway company filed a cross petition praying that in the event the commission ordered such crossing protection, two other grade crossings in the city, at Lindenwood Street and Emerson Street, be closed to vehicular traffic.
After a hearing, at which testimony was taken, the commission on June 27, 1950, entered an order requiring the Illinois Terminal Railroad Company to install and maintain automatic flashing light signals at the Franklin and Madison street crossings; ordered the grade crossings at Lindenwood and Emerson streets closed and abolished, and ordered the railroad to barricade them so as to prevent the use of said street crossings by vehicular traffic.
The city filed an application for rehearing which was granted and a rehearing was had with no additional evidence offered. Briefs were filed by both parties and oral argument heard by the commission. On November 2, 1950, the commission entered its final order.
By this ruling the commission modified and expanded in some detail its previous order and directed the railroad company to acquire certain private property rights existing in the railroad's property at the Lindenwood and Emerson street crossings.
The city did not apply to the commission for a rehearing as to the new and final order entered on November 2, 1950, but on December 8, 1950, filed its notice of appeal to the circuit court of Madison County, whereupon both the commission and the railroad company moved to dismiss the appeal for the reason the city did not apply for a rehearing with respect to the new and final order of the commission under date of November 2, 1950. The circuit court found that the order of the Illinois Commerce Commission of June 27, 1950, and the order of November 2, 1950, were two separate and distinct orders; that the latter order was the final...
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